Toxic exposure claims usually involve allegations of negligence or strict liability. However, toxic exposure may also be considered a battery in some instances. The basic elements for proving toxic battery are:
- The defendant intentionally performed an act which resulted in offensive or harmful contact with the plaintiff’s body;
- The victim did not consent to such contact
- The contact directly caused damage, injury, harm, or loss to the plaintiff
The majority of toxic battery cases involve illegal or irresponsible disposal of toxic substances, which result in injury to one or more persons. Toxic battery can also result from the manufacturing and distribution of harmful products (although the products do not need to be defective in order to prove toxic battery).
When proving toxic battery, it is not necessary to show that the defendant intended to harm the plaintiff. Instead, it only needs to be proven that the defendant intended to commit the act which caused the harm. Toxic battery claims are often filed if the victim has difficulty proving that the defendant was negligent.
What are the Punishments associated with Toxic Battery?
Toxic battery can result in several legal consequences for the defendant. Punishments and remedies may vary by region; however, in most toxic battery cases the defendant may be required to:
- Pay the costs of the victim’s losses or injuries
- Cease the activity that caused the harm
- Create procedures or mechanisms to prevent injury in the future
In some instances, the defendant may be required to pay punitive damages for toxic battery. However, in order to recover punitive damages, the plaintiff would be required to prove through clear and convincing evidence that the defendant acted in a malicious or fraudulent manner.
Finally, toxic battery claims often involve damage to property or the environment. It is common for the defendant to be subjected to other consequences such as paying fines for zoning or environmental violations. Toxic battery claims frequently result in class action lawsuits when many victims are involved.
Do I need a Lawyer for Toxic Battery?
If you are the victim of a toxic battery, you may wish to speak with a lawyer for advice and counseling. Your attorney can explain your options for recovering losses for any injury or harm that you have been subject to. Also, an experienced personal injury lawyer can help file your claim if you believe that a class action lawsuit is necessary.